South Dakota Attorney General Marty Jackley announced Monday that a Division of Criminal Investigation review determined two South Dakota Highway Patrol troopers were justified in using force during a March 21 pursuit that ended in Box Elder.
The incident began after a Summerset police traffic stop led to a pursuit involving multiple agencies. The chase was briefly terminated when the vehicle left the area but resumed when Highway Patrol troopers re-engaged the suspect east of Rapid City. The driver, identified as 31-year-old Benjamin Milbrandt Jr. of Box Elder, stopped at a residence along U.S. Highway 1416 and exited the vehicle holding an AR‑15‑style Airsoft gun, which investigators say he pointed at troopers.
Both troopers fired, striking Milbrandt once. He suffered non-life-threatening injuries. No officers or civilians were hurt.
“The person involved pointed what appeared to be a weapon at the troopers and later expressed his desire to be killed by law enforcement,” Jackley said, adding the troopers acted in response to a perceived deadly threat.
Investigators recovered the Airsoft rifle and determined Milbrandt had a blood alcohol content of 0.207 percent and tested positive for methamphetamine and cannabinoids. The troopers tested negative for drugs and alcohol. Authorities noted Milbrandt was on parole with an active warrant at the time of the incident.
Milbrandt faces two felony counts of assault on a law enforcement officer and a misdemeanor eluding charge. The Attorney General’s Office will prosecute the case. The shooting was the first officer-involved shooting in South Dakota this year.
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